Tucson Arizona Petition for Removal of Personal Representative

State:
Arizona
City:
Tucson
Control #:
AZ-PB-2
Format:
Word; 
Rich Text
Instant download

Description

This model form, a Petition for Removal of Personal Representative - Arizona, is intended for use to initiate a request to the court to take the stated action. The form can be easily completed by filling in the blanks and/or adapted to fit your specific facts and circumstances. Available in for download now, in standard format(s).

Tucson Arizona Petition for Removal of Personal Representative is a legal process that allows interested parties to request the removal of a personal representative, also known as an executor or administrator, from their role in managing the affairs of a deceased person's estate. This petition can be filed in the Pima County Superior Court, which has jurisdiction over probate matters in Tucson, Arizona. The Petition for Removal of Personal Representative is typically filed when there are valid reasons to question the personal representative's behavior, actions, or capability to fulfill their duties effectively. It may arise due to conflicts of interest, mismanagement of assets, negligence, lack of communication, failure to distribute assets in a timely manner, or any other substantial grounds that merit the removal. In Tucson, Arizona, there are no specific types of petitions for removing personal representatives categorized by separate names. The process remains the same regardless of the particular context of the removal request. However, it is essential to gather relevant evidence and supporting documentation to substantiate the claims against the personal representative. This may include financial records, communication records, witness statements, or any other pertinent evidence that demonstrates the representative's unsuitable conduct or incompetence. To file a Tucson Arizona Petition for Removal of Personal Representative, interested parties need to draft the petition with the help of an attorney or legal professional experienced in probate matters. The petition should contain comprehensive information about the case, including the name of the deceased person, the personal representative's name, the reason for removal, and a detailed explanation of the evidence supporting the claim. The petitioner should include their contact information and state their relationship to the deceased or their interest in the estate. Once the petition is complete, it must be filed with the Pima County Superior Court in Tucson, Arizona. The court will review the petition and may schedule a hearing to evaluate the evidence and give an opportunity for all parties involved in the case to present their arguments. During the hearing, the court will consider the validity of the claims, assess the personal representative's performance, and make a decision regarding their removal or the continuation of their duties. It is important to note that the process for filing a Tucson Arizona Petition for Removal of Personal Representative can be complex, and it is strongly advised to seek legal counsel to ensure compliance with all applicable laws and regulations. An experienced attorney will guide interested parties through the necessary steps, provide advice on the best course of action, and represent their interests throughout the legal proceedings.

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FAQ

According to Arizona law (ARS14-3108), the executor of an estate has two years from the date of death to file probate. This timeframe can be extended under certain circumstances, such as if the deceased left behind minor children.

Cost Of The Small Estate Affidavit Procedure The clerks filing fee for this procedure is usually about $350. That is generally the only court expense.

Arizona statutes offer an alternative to avoiding probate by using an Affidavit of Succession to Real Property in cases in which the real property value does not exceed a certain value. The estate value must be less than $100,000 minus all the liens and any other encumbrances when the decedent passed away.

Compensation for an Arizona Personal Representative Generally personal representatives receive reasonable compensation paid at $25 to $50 per hour.

Small Estate Affidavits are used in Arizona to transfer assets from a deceased person to the heirs when the total value of the assets is below the minimum value requiring a probate.

You can make an application to remove an Executor either before a Grant of Probate has been issued or after. Generally, if such an application is made after the issue of a Grant of Probate, it would be made to the High Court under Section 50 of the Administration of Justice Act 1985.

Executors must not unreasonably delay distributing the estate for their own gain or any other party. However, even after the executor's year, the court will not order a distribution of the estate if the executors can show there is good reason to wait.

A survivorship affidavit (sometimes called an affidavit of death or affidavit of continuous marriage) is a legal document used to remove a deceased owner from title to property by recording evidence of the deceased owner's death in the land records.

Since every estate is different, the time it takes to settle the estate may also differ. Most times, an executor would take 8 to 12 months. But depending on the size and complexity of the estate, it may take up to 2 years or more to settle the estate.

The Arizona beneficiary deed form allows property to be automatically transferred to a new owner when the current owner dies, without the need to go through probate. It also gives the current owner retained control over the property, including the right to change his or her mind about the transfer.

More info

Petition for Discharge of Personal Representative. Small claims court takes place in Arizona justice courts .License fees are also assessed when a taxpayer adds a program city to a TPT-2 return not currently in the taxpayer's profile. Please read form instructions while completing the form. Electronic Titles Are Here—Safe, Secure, Convenient. Click here to fill out the form. Only an owner or association may Petition the Department for a hearing. Free legal documents, all of which are in line with Arizona Law. To request employee reimbursement for University of Arizona active employees. A knolvn creditor, pursuant to Arizona law.

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Tucson Arizona Petition for Removal of Personal Representative